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CALLWhen prenuptial agreements are legally valid, they cannot be invalidated by the court. There are, however, circumstances that can render what you think is a legally binding prenup invalid. This highlights the importance of working closely with an experienced Manassas divorce lawyer at Bristle Schulze.
Creating a Legally Binding Prenup
There are several primary considerations when it comes to creating a prenuptial agreement that the court will enforce.
Voluntary
Both parties to the prenuptial agreement must enter the contract voluntarily. If either can present clear and convincing evidence that their participation was not voluntary, the court may invalidate the prenup. While one spouse requiring the other to sign in order for the marriage to go through may not invalidate the contract, doing so at the last minute could.
Conscionable
The prenuptial agreement cannot be unconscionable at the time of execution, which is at the time of marriage. This means that the terms included can’t be clearly one-sided or otherwise unreasonably unfair.
Fair and Reasonable Disclosure of Relevant Financial Information
Each spouse is required to provide the other with a fair and reasonable disclosure of their assets, debts, and financial obligations. In other words, an actual and accurate disclosure is necessary. While failing to implement perfect precision regarding financial matters is not a deal breaker, any hiding of assets, dishonesty, or significant discrepancy can lead to invalidation of the contract.
Terms that Should Not Be Addressed
Couples should generally not address matters that relate to child custody or child support in a Virginia prenuptial agreement. These terms are always based on the best interests of the children at the time they are ordered. Since this is impossible to know ahead of time, Virginia courts retain authority over these matters. This makes including them in your prenuptial agreement ill-advised.
If your prenuptial agreement does contain child custody or child support terms, the court is likely to deem these specific terms unenforceable but not to invalidate the entire contract. This said, however, all of the following are distinct possibilities when prohibited terms are included in a prenuptial agreement:
- The legal matter becomes more complicated.
- Delays can arise.
- One spouse may challenge the overall validity of the contract.
Ultimately, including either child support or child custody could lead to the entire contract being invalidated.
Terms that can be effectively addressed in your prenuptial agreement include the division of marital property, the allocation of debts, and alimony. Having a trusted family law attorney backing you up from the outset is always the best approach.
You Need an Experienced Manassas Divorce Attorney on Your Side
The capable Manassas divorce lawyers at Bristle Schulze are committed to leaving no stone unturned in the protection of your rights through the creation of a well-considered and legally binding prenuptial agreement. Having a solid prenup in place can take considerable pressure off your marriage and can afford you the peace of mind you’re looking for.
For more information about what we can do to help, please don’t delay contacting us online or giving our firm a call at 703-454-0701 today.